Shafee referred to appeals court to expunge affidavit

PUTRAJAYA: Lawyer Tan Sri Muhammad Shafee Abdullah has withdrawn an attempt at the Federal Court to expunge an affidavit containing the allegation that he had received RM9.5mil from Datuk Seri Najib Razak.

The Federal Court struck out his application for leave to appeal against the Court of Appeal’s refusal to expunge the affidavit after the withdrawal yesterday.

A three-member panel led by Court of Appeal President Justice Tan Sri Rohana Yusuf said all the matters that Shafee sought to raise yesterday could be raised in the main appeal hearing at the Court of Appeal scheduled in March.

Earlier, Shafee’s counsel Harvinderjit Singh agreed to withdraw the application for the leave to appeal if parties were in agreement that the issue on the admissibility of the affidavit had not been determined.

Lawyer Datuk Seri Gopal Sri Ram appearing for Datuk Seri Anwar Ibrahim and Senior Federal Counsel Suzana Atan for the government argued that Shafee’s leave to appeal application was premature as issues on the admissibility of the affidavit could be raised and determined in the Court of Appeal.

The proceedings before Justice Rohana and Federal Court judges Datuk Nallini Pathmanathan and Datuk Harmindar Singh Dhaliwal were conducted virtually.

Shafee sought leave to pursue his appeal against the Court of Appeal’s refusal to expunge an affidavit by former attorney general Tan Sri Tommy Thomas’ special task officer Siti Rahayu Mohd Mumazani and to cross-examine her.

Siti Rahayu had filed an affidavit containing an allegation that RM9.5mil was paid to Shafee from the former prime minister’s (Najib) bank accounts between 2013 and 2014.

The Court of Appeal in 2018, however, allowed Shafee to intervene in Anwar’s appeal in relation to his civil action against the government over his sodomy conviction against his former aide Mohd Saiful Bukhari Azlan.

Anwar, who is Port Dickson MP, is appealing to the Court of Appeal against the Nov 8,2017 decision of the Kuala Lumpur High Court to allow the government’s application to strike out his originating summons and the appeal is scheduled to be heard on March 5.

In his originating summons filed on June 9,2017, against the government, Anwar claimed that he did not get a fair trial in the appeal against his sodomy conviction.

In his affidavit, Anwar alleged that Shafee received RM9.5mil from Najib to lead the prosecution team in the appeal over his conviction.

He sought a declaration that his conviction by the Court of Appeal on March 7,2014, was ultra vires and thus null and void, and also wants a court order that the Federal Court’s decision in upholding the Court of Appeal’s decision was null and void.

Anwar’s conviction and five-year jail term for sodomising Mohd Saiful were upheld by the Federal Court.

Anwar, however, was given a full pardon by the King on May 16,2018. — Bernama

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